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highlanderc

Where to start? Student-->Resident--> A love thing?

By highlanderc in Adjustment of Status from Work, Student, & Tourist Visas

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highlanderc Newbie

highlanderc   0

Posted
Filed: Other Country: El Salvador
 Timeline
Posted

This is probably my first post. I have been reading for quite a while before.

I have this situation... I met someone who is not a resident of the US. She is on a student visa, although she has a tourist visa for 10 years. We have fallen for each other and I wish for her to stay. She needs to go in one month as her student visa expires and she needs to make the attempt to leave the country.

What would be the best course of action for her to stay and change the visa to a permanent resident?

Thanks

C

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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

Congratulations, highlanderc! The first thing you have to do is get married. Then, follow the AOS guides and start filling out the paperwork...

AOS guide

And she should not leave the US until she gets her greencard...

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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highlanderc Newbie

highlanderc   0

Posted
Filed: Other Country: El Salvador
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I am worried that this could be "seen" the wrong way and thus the situation doesn't go as one would love to.

Reading the guide and instructing myself. If we get married. She doesn't have to leave? How so? Don't you have to make the attempt to leave the US?

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trailmix Grand Master

trailmix   77

Posted
Filed: IR-1/CR-1 Visa Country: Canada
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Posted

I am worried that this could be "seen" the wrong way and thus the situation doesn't go as one would love to.

Reading the guide and instructing myself. If we get married. She doesn't have to leave? How so? Don't you have to make the attempt to leave the US?

No, if she leaves you cannot file for an adjustment of status.

Sure, it could be seen the wrong way - that's always possible, however if you have a real relationship (which I am sure you do), you should be able to prove that.

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highlanderc Newbie

highlanderc   0

Posted
Filed: Other Country: El Salvador
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That is the point... the only proof would be marriage... We have pretty much nothing that is "together".

Now, if she leaves on the student visa, she could come back on the tourist visa and still be here and we could do this with more time on our hands... Right?

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted (edited)

You are overthinking this.

Once you are married, you will start a life together. You will have a wedding, photos, move in together, do things together. By the time your AOS interview takes place, you have plenty of evidence. That's all it takes.

If you are not ready to get married yet, she could indeed travel back to El Salvador and visit you some later time. If she gets 6 months, that's time enough to take this one step at a time and figure out if you two really want to get married.

Keep in mind, however, that even with a B2 there is a slight chance that the Immigration Officer at the airport suspects immigration intent and gives her only a few weeks allowance to stay.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

Marriage should not be guided by headaches, stomach aches, and worries. Let her return to El Salvador and visit you again in a few months. She has a B2, so that's the main problem already out of the way. Use the time of her absence to find out how you feel about her. Do you miss her? Are you miserable without her? Marriage is a big thing, and it's most likely one of the most important decisions you'll ever make in your life. Don't force it out of time restraints.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Jscoope Contributor

Jscoope   0

Posted
Filed: AOS (pnd) Country: Australia
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Posted

That is the point... the only proof would be marriage... We have pretty much nothing that is "together".

Now, if she leaves on the student visa, she could come back on the tourist visa and still be here and we could do this with more time on our hands... Right?

She can actually stay in the country with an expired F-1 visa. She just can't leave the country and then come back.

Once the F-1 expires you have a 60 day period (it may be less/more) that you can stay in the country for, before being required to leave. However if she is attending school still, even with the expired F-1, then she can remain in the country legally as long as she is studying. The only issue is that once she leaves, she will need to get a new visa to come back in.

So if you guys get married during that 60 day time frame or whatever, you can then file for AOS, then her f-1 status changes anyway (to something like "permanent resident applicant"), and she can legally remain in the country while the AOS is undergoing it's process. Again, the only problem is she can't leave and then legally re-enter the US until she is granted a green card or receives Advance Parole.

Adjustment of Status from F-1 student.

10/4/09 - Married

3/29/10 - AOS Packet sent

3/30/10 - AOS Packet received in Chicago (Day 1)

4/12/10 - NOA1 for I-485, I-130, I-131 (Day 13)

4/16/10 - Appointment Notice for Biometrics. (Day 17)

4/20/10 - Walk-in Biometrics taken at Buffalo, NY (Day 21)

4/20/10 - EAD application mailed to Chicago, USPS with signature confirmation (Day 21)

4/30/10 - Scheduled Biometrics Appt. (Day 31)

5/1/10 - NOA received for I-765 (Day 32)

5/3/10 - Appointment letter received for EAD Biometrics (Day 34)

5/10/10 - Interview Appt. letter received (dated May 3) (Day 41)

5/20/10 - EAD Biometrics appointment completed (Day 51)

5/24/10 - EAD "touched" (Day 55)

6/09/10 - Scheduled Interview date (Day 71) Informed we needed a co-sponsor

6/15/10 - I-131 (Advance Parole) Approval notice via email (Day 77)

6/16/10 - Follow up interview with co-sponsor affadavit (Day 78) APPROVED

6/21/10 - Welcome Letter received (Day 83)

6/21/10 - Advanced Parole Received (although I've now been approved, so it doesn't matter) (Day 83)

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highlanderc Newbie

highlanderc   0

Posted
Filed: Other Country: El Salvador
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Posted

I see...

She does have a tourist visa. But as pointed out it doesn't mean she can stay the whole time as time can be allotted by the official when she enters. So the best bet is for her NOT to leave?

Marriage should not be guided by headaches, stomach aches, and worries. Let her return to El Salvador and visit you again in a few months. She has a B2, so that's the main problem already out of the way. Use the time of her absence to find out how you feel about her. Do you miss her? Are you miserable without her? Marriage is a big thing, and it's most likely one of the most important decisions you'll ever make in your life. Don't force it out of time restraints.

So true... I will miss her. I've come to know things about her that really make me think she is the "one". I still fear that if she leaves, for some reason maybe she will NOT be able to come back. Too many what if's. Here, we can start our lives or continue the one we started, we are pretty much living together although there is nothing WITH her name on it.

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